I appeared at Holland Park Magistrates Court again recently, representing a client charged with DUI Drink Driving, with a blood alcohol concentration of 0.136.
My client consumed alcohol both before and after driving.
My client hit a parked car and consumed the further alcohol to calm their nerves.
Because of this, the Police were persuaded to do a 'count back', being an estimate of the reading at the time of driving.
My client was subsequently charged with Low Range rather than Mid Range DUI Drink Driving.
My client was a first time offender.
My client had not lost their licence during the last 5 years and was therefore eligible to apply for a Work Licence.
However, as my client did not want to involve their employer, they did not wish to apply.
Among other things, a Work Licence application requires an Affidavit from the applicant's employer.
That said, my client still needed to drive to locations not properly serviced by public transport or at all.
Accordingly, my role was one of getting the disqualification down as low as possible, as opposed to applying for a Work Licence.
My client faced a maximum penalty for their DUI Drink Driving offence of a 9 month driver’s licence disqualification, 3 months imprisonment and 14 penalty units.
That said, section 187 of the Penalties & Sentences Act allows Magistrates to hand down lifetime driver's licence disqualifications.
A penalty unit in Queensland is currently valued at $121.90.
Further, persons who plead or are found guilty in the Magistrates Court must pay the Offender Levy, which is presently worth $114.80.
I made detailed and comprehensive verbal submissions to the Magistrate covering a number of key aspects.
I was able to persuade the Magistrate that a licence disqualification of no more than 10 weeks was appropriate.
My client received a 10 week disqualification and a modest fine only.
DUI Drink Driving is a serious offence.
Wiseman Lawyers specialise in DUI Drink Driving and Traffic Law.
Regards
Andrew Wiseman, Wiseman Lawyers
Ph: 1300 947 352
andrew.wiseman@wisemanlawyers.com.au
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Queenslanders charged with DUI Drink Driving, Drug Driving or Fail To Provide Specimen face a maximum penalty of a lifetime driver’s licence disqualification, 9 months imprisonment and 28 penalty units.
Persons charged with Careless Driving (Drive Without Due Care & Attention) face a maximum penalty of a lifetime driver’s licence disqualification, 6 months imprisonment and 40 penalty units.
Queenslanders charged with Dangerous Driving, which is a Criminal offence, face a maximum penalty, depending upon the circumstances of aggravation, of 5 years imprisonment, 200 penalty units and a lifetime driver’s licence disqualification.
Persons charged with Disqualified Driving face a maximum penalty of a lifetime driver’s licence disqualification, 12 months imprisonment and 40 penalty units.
Queenslanders charged with Evade Police a maximum penalty of 3 years imprisonment, 200 penalty units and a lifetime licence disqualification.
Persons charged with Repeat DUI Drink Driving, Repeat Drug Driving, Repeat Fail To Provide Specimen, or a Repeat combination of these offences, face a maximum penalty of a lifetime driver’s licence disqualification, 18 months imprisonment and 60 penalty units.
A penalty unit in Queensland is currently worth $113.85.
In addition to the above penalties, anyone who pleads or is found guilty in the Magistrates Court must pay the Offender Levy, which is presently worth $110.90.
Magistrates have a general power to impose up to a lifetime driver’s licence disqualification, above and beyond any legislated disqualification ranges.
Wiseman Lawyers specialise in DUI Drink Driving, Drug Driving, Careless & Dangerous Driving, Evade Police and Drug, Alcohol & Traffic offences.